According to the provisions of my country’s Trademark Law, the following factors should be considered in determining a well-known trademark: (1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The trademark is a well-known trademark Protected records;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

How to apply for the recognition of a well-known trademark?

If an enterprise needs to apply for the recognition of a well-known trademark, it must submit relevant documents through the industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau). Material. Provincial industrial and commercial bureaus should conduct a preliminary review of the relevant materials for enterprises to apply for recognition of well-known trademarks and sign their opinions. All provincial industrial and commercial bureaus should promptly report the relevant application materials that have passed their preliminary review and signed opinions to the State Administration for Industry and Commerce by mail.

When an enterprise applies for the recognition of a well-known trademark, it should submit an application report for the recognition of a well-known trademark, and in the report it must provide evidence that its trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided. These supporting materials mainly include:

1. A copy of the business license of the applicant for well-known trademark recognition;

2. If the applicant for well-known trademark recognition entrusts a trademark agency to represent him, he should provide A letter of authorization signed by the applicant, or an authorization agreement (contract) signed between the applicant and the trademark agency;

3. The main economic indicators of the main goods or services using the trademark in the past three years (added information should be provided) Copies of annual financial statements or other statements stamped with the applicant’s special financial seal and the special seal of the local finance and taxation department. Industry certification materials should be issued by national-level industry associations or national-level industry administrative departments);

4. Sales or operation status and regions of the main goods or services using the trademark at home and abroad (relevant main sales invoices or copies of sales contracts should be provided);

5. Domestic use of the trademark Registration status outside the country (the registration status of the trademark in all categories of goods or services and in the country or region where it is located should be listed, and a copy of the corresponding trademark registration certificate should be provided);

6. The trademark has been registered in recent years Recent advertising releases (relevant main advertising contracts and copies of advertising pictures should be provided);

7. The earliest use and continuous use time of the trademark (the earliest date of use of the goods or services using the trademark should be provided) Sales invoice or contract or the earliest advertisement of the trademark or a copy of the trademark registration certificate);

8. Other supporting documents regarding the famous trademark (such as a copy of the provincial famous trademark, etc.).

Legal basis:

The following materials in Article 9 of the "Regulations on the Recognition and Protection of Well-known Trademarks" can be used as evidence to prove compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law:

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(1) Materials proving the relevant public’s awareness of the trademark.

(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.

(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and advertising placement in the past three years Quantity of materials.

(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.